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Administrative Law Branches of Government Legislative (Congress) - - PowerPoint PPT Presentation
Administrative Law Branches of Government Legislative (Congress) - - PowerPoint PPT Presentation
Administrative Law Branches of Government Legislative (Congress) creates law Judicial (Courts) interprets law Executive (President) enforces law Administrative Agencies Organizational Chart of the U.S. Government
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Administrative Agencies
Organizational Chart of the U.S. Government
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Agency Powers
Legislative function: Rule making Executive function: enforcement Judicial function: Adjudication
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Agency Authority
No Agency can exist without Congressional
Authority
Each Agency has an “Enabling Statute” This legislation defines the scope of the agency’s
mission and “enables” it to perform functions.
See example handout
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Authority Statute
15 USC sec. 610 2 gives the Federal Trade Commission the authority to prescribe rules prohibiting deceptive telemarketing practices.
- While Congress allows
the FCC broad range in proscribing rules, note
- sec. (a)(3)(A)-(C)
requires the FCC to include specific items in its rules.
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Rule Making (regulations)
Rule enacted by the FTC to address charge from Congress to regulate abusive telemarketing.
16 CFR 310 .4 (1-1-20 12)
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Regulations are usually more specific than the
authority statute.
Important to read both the regulations AND the
authority statute. If an agency’s regulation exceeds the authority of the statute, that regulation is invalid.
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How are rules made?
Administrative Procedures Act
5 USC 500 et seq.
Law that governs how administrative agencies may
propose and establish regulations.
Applies to both executive departments and
independent agencies.
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Attorney General's Manual on the Adm inistrative Procedure Act (1947),
basic purposes of the APA are:
to require agencies to keep the public inform ed of their
- rganization, procedures and rules
to provide for public participation in the rulem aking process to establish uniform standards for the conduct of form al
rulem aking and adjudication
to define the scope of judicial review
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Code of Federal Regulations:
annual codification of rules published in the Federal
Register.
It is divided into 50 titles that represent broad
subject areas.
Updated on a staggered basis once each calendar
year.
E-CFR is the unofficial compilation of CFR and
Federal Register amendments.
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Federal Register
Published every government business day. Contains “proposed” rules
Calls for public comment on those proposed rules. After receiving comments, the rule may be revised and re-
published.
The cycle of notice-comment may happen many times before a